Car Loan

North Carolina Divorce Law Divorce and Separation Answers
1

My husband and I are going to be divorced on September 16th,2009(Which is the year and day mark) We have separation papers that were signed and notarized…He just informed
me that he was getting the car repoed,cause he was defaulting on the payments(Through Navy federal car loan) The payment comes out on the 1st and 15th, from his checking account
Our separation papers say,I hereby mutually agreed that Wife shall become the sole and exclusive owner of the car.and the husband shall assume and pay the Navy Federal car loan

Can he do this?

Thanks in advance

2

You will not be divorce on the year and a day mark, and this is not something that happens automatically. You may file for divorce on the year and a day mark, and there is a process that goes from there, which normally lasts about 60-90 days before the divorce is final.

AS for the car, your husband is in breach of the Separation Agreement and you may sue him for breach.

3

Thanks for responding back…

Is there anything I can do legally about the car? So they won’t take it… What are the chances of me getting my car back, if and when they take it, if i can’t do anything about it?

Thanks again

4

You can pay on the note to prevent repossession and sue you ex on the Separation Agreement to recoup your losses.